CONCEPT AND LEGAL REGULATION OF NIGHT WORK IN UKRAINE AND SCANDINAVIAN COUNTRIES

This article is devoted to comparative legal analysis of night work in Ukraine, Denmark, Iceland, Norway, Finland, and Sweden. International Labor Organisation Convention concerning night work No 171 has not been ratified by Ukraine and any of the countries of Scandinavian legal model, and therefore, labor legislation of these countries does not comply with international legal standards. The only exception is Denmark, where provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time were partially implemented. The only exception is Denmark, where provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time were partially implemented. Denmark implemeted provision concerning night workers’ right to free medical examination: before the appointment of an employee to regular night shifts; periodically; and in case of health problems caused by factors relating to night work. The author determines that only Finnish labor law contains a detailed and specific list of situations where night work can be used. Ukraine and Sweden are the only countries from the list of examined countries, where any night work of young workers is prohibited, which means that those provisions are, in fact, discriminatory against persons employed in the field of culture, arts, sports or advertising, as well as those who undergo training practice under the guidance of adult. Unlike legislation of Scandinavian countries where working in night hours can be compensated by providing employees additional rest periods, Labor Code of Ukraine provides only one form of compensation in form of increased wages. It is concluded that Article 175 of the Labor Code of Ukraine is discriminatory against women and contradicts Article 24 of the Constitution of Ukraine. The legislation of the Scandinavian countries does not contain any restrictions on the night work of women, as workers of any gender can work in night time only with their voluntary consent. However, in Ukraine, only persons with disabilities can be involved in night work with voluntary consent.